Licensed Trade Glossary of Definitions

Below you'll find a glossary of definitions used in the Licensed Trade. We also offer a comprehensive Licensed Trade Guide written by seven leading solicitors, this handy pocket-sized reference guide helps you understand the basics of how licensing law affects your business.

Applicant

A person who carries on, or proposes to carry on, a business which involves the use of a premises for licensable activities to which the application relates or, a person who makes an application pursuant to any statutory function discharged by that person relating to those licensable activities, or a person who applies for the grant of a Personal Licence from a Licensing Authority.

Associate Member

Someone allowed entry in to a qualifying club by virtue of being a member of another recognised club.

Authorised Person

Club Gaming Permit

Permit granted by the Licensing Authority to a Qualifying Club which allows gaming in machines to be used in these premises.

Club Machine Permit

Permit granted by the Licensing Authority which allows up to 3 gaming machines from Categories B3A, B4, C or D in their premises.

Club Premises Certificate

Authorisation from the Licensing Authority for a club to carry out Qualifying Club Activities.

Designated Premises Supervisor

The person named on the Premises Licence as being the person with ultimate responsibility for the running of the premises. He or she must hold a Personal Licence. There can only be one Designated Premises Supervisor for each premises.

Equal Chance Gaming

Gaming where each player has an equal chance of winning and where there is no bank. Examples of games of equal chance include poker, bingo, bridge, whist, cribbage and dominoes, whereas roulette and pontoon are not equal chance gaming.

Exempt Gaming

Limited equal chance gaming permitted in licensed premises without the need for a permit, licence or authorisation.

Gaming Machine Notification

Licensed premises have the right to have 1 or 2 Category C or D gaming machines if they notify the council of their intention to do so and pay a fee.

Guidance___

National Guidance to the Licensing Act 2003 published under section 182 of the Licensing Act 2003. It has been substantially amended and gives assistance in understanding the Act.

Licensable Activities

Activities undertaken at premises which require the authority of a Premises Licence, Club Premises Certificate or Temporary Event Notice.

Licensed Premises Gaming Machine Permit

Permit obtained from the Licensing Authority permitting 3 or more Category C or D gaming machines in a licensed premises.

Licensing Authority

The Local Authority where a particular premises is situated or where a Personal Licence holder habitually resides.

Licensing Committee

A committee of not less than ten and not greater than 15 Council members to which the discharge of the licensing function is delegated by the Council. The whole committee may sit or delegate its responsibility to sub committees consisting of at least three members.

Licensing Objectives

These are the fundamental principles upon which the licensing system is based. There are four in England and Wales;

Prevention of crime and disorder

Prevention of public nuisance

Protection of children from harm

Public safety

A fifth objective in Scotland is;

Protecting and improving public health

Mandatory Conditions

Conditions applied to every Premises Licence and Club Premises Certificate.

Operating Schedule

Document incorporated in an application form prepared by the Applicant for a Premises Licence or a Club Premises Certificate detailing how the premises will operate (hours, Licensable Activities etc.) and how the Applicant will promote the Licensing Objectives. Details in the Operating Schedule will form the basis of conditions on the Premises Licence.

Personal Licence

An authorisation from the Licensing Authority enabling an individual to sell alcohol and authorise the sale of alcohol at premises with the benefit of a Premises Licence.

Premises Licence

A written authorisation from the Licensing Authority allowing a premises to carry out Licensable Activities.

Provisional Statement

A preliminary approval by the Licensing Authority on the basis of a set of plans showing proposed alterations to existing premises or premises which have not yet been built. A Premises Licence application will still be necessary even though a Provisional Statement has been granted.

Qualifying Club

A club must be established in good faith with at least 25 members and adhere to membership requirements and an alcohol supply policy as per the requirements of the Licensing Act 2003.

Qualifying Club Activities

The supply or sale of alcohol by or on behalf of a Qualifying Club to a member or guest of a member and the provision of regulated entertainment on behalf of a club to members or guests of members.

Review of Premises Licence

An application made by a Responsible Authority or residents or business, asking the Licensing Authority to reconsider the conditions on a Premises Licence or Club Premises Certificate and whether that licence should be revoked or suspended for up to three months.

Statement of Licensing Policy

Document published by the Local Authority detailing how the licensing regime will work at a local level.

Summary Review

The Police may apply to the Licensing Authority for the summary review of a premises licence where they believe the premises are associated with serious crime, serious disorder or both. This is a form of ‘fast track’ review and the Licensing Authority must decide, within 48 hours, whether to take any interim steps pending the outcome of the full review of the premises licence, which must be concluded within 28 days of the receipt of the application for review.

Temporary Event Notice (TEN)

An authorisation allowing Licensable Activities to take place in a particular premises for a defined period. This can either extend the permitted hours at licensed premises or alternatively licence unlicensed premises for a limited period of time. There are limits per calendar year on the number of times a premises may issue a TEN. The maximum number of people permitted to premises covered by the Temporary Event Notice is 499 including staff.